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San Diego Pregnancy Discrimination Attorney

Pregnancy discrimination in the workplace is an unfortunate reality that many women still face today. If you believe you have been passed over for a promotion, demoted, harassed, terminated, or otherwise mistreated at work because of pregnancy or a pregnancy-related condition, you need legal help to fight for your rights. The experienced pregnancy discrimination lawyers at Hamparyan Law Firm are here to help San Diego employees facing this difficult situation. We have a proven track record of success in investigating claims of pregnancy bias and aggressively pursuing compensation for lost wages, emotional distress damages, and more. This guide provides an overview of pregnancy discrimination issues employees may encounter, the protections available under state and federal law, and how a dedicated San Diego pregnancy discrimination lawyer can make all the difference in proving your case.

Signs Your Rights May Have Been Violated

Pregnancy discrimination often manifests through unfair treatment compared to other employees. Some examples include:

  • Being passed over for a promotion you deserved
  • Loss of job duties or demotion upon announcing your pregnancy
  • Harassment from supervisors or coworkers regarding your condition
  • Being fired shortly after informing your employer of pregnancy
  • Not being provided the same accommodations as employees with similar limitations
  • Unequal pay or benefits compared to peer employees who are not pregnant

These actions are illegal under pregnancy discrimination laws if the disparate treatment is connected to your pregnancy.

Protections Under the Pregnancy Discrimination Act

The federal Pregnancy Discrimination Act specifically prohibits workplace discrimination based on:

  • Pregnancy
  • Childbirth
  • Related medical conditions

Under this law, employees affected by pregnancy, childbirth, or related conditions have the right to:

  • Work accommodations if needed
  • Equal pay and benefits as non-pregnant peer employees
  • Continued employment without fear of termination or retaliation

If an employer violates these rights or treats pregnant employees less favorably, they are committing pregnancy discrimination.

Steps to Take if You Believe Your Rights Were Violated

If you face pregnancy discrimination, it’s essential to take proactive steps while continuing to perform your job duties. Important actions include:

  • Documenting Every Incident: Keep a detailed log of discrimination incidents, including dates, times, who was present, and what was said. Save any relevant emails, texts, or other communications.
  • Reporting Internally: Inform your supervisor and HR department of mistreatment in writing. Getting complaints on record is vital.
  • Contacting an Attorney: Speaking with an attorney ensures you take the proper legal steps to protect your rights. They can initiate external complaints and build your case.
  • Filing an EEOC Complaint: Your attorney can help you file a pregnancy discrimination complaint with the EEOC within strict deadlines. This must happen before filing a lawsuit.

Why Hire a Pregnancy Discrimination Lawyer?

Navigating pregnancy discrimination laws while facing unfair treatment at work is extremely difficult without legal guidance. A dedicated lawyer brings several key benefits:

  • Thorough Case Investigation: Gathering all evidence and documentation needed to prove discrimination occurred.
  • Experience Navigating Complaint Process: Ensuring proper procedures and deadlines are met with EEOC/DFEH complaints before filing suit.
  • Negotiation Leverage: Carrying out aggressive settlement negotiations by demonstrating case strengths.
  • Courtroom Advocacy: Strong legal advocacy if settlement offers remain unsatisfactory and litigation becomes necessary.
  • Maximum Financial Recovery: Developing robust arguments to demand full compensation for back pay, emotional distress, punitive damages, and more.

With intimate pregnancy discrimination law expertise, Hamparyan Law Firm have the skills and resources to build the strongest case possible while alleviating clients’ legal burdens.

Key Laws That Offer Protection

In addition to the federal Pregnancy Discrimination Act, California employees have protections under the state Fair Employment and Housing Act (FEHA) and other laws such as:

  • California Family Rights Act
  • California Pregnancy Disability Leave Law
  • Americans with Disabilities Act

Each law has specific provisions relating to leave time, reasonable accommodations, reinstatement rights, and prohibitions on discrimination that strengthen pregnant employees’ protections.

Evidence Needed to Prove Pregnancy Discrimination

With the help of an attorney, you must provide convincing evidence that you were treated unfairly specifically due to your pregnancy. This can include proof of:

  • Timing: Discrimination began near the announcement of your pregnancy.
  • Disparate Treatment: Documenting worse treatment than comparable non-pregnant employees.
  • Biased Comments: Statements from decisionmakers betraying discriminatory motives.
  • Statistical Data: Company trends reveal bias against pregnant employees.
  • Retaliation: Adverse actions directly followed protected activities like complaining internally.

Thorough legal and factual investigation is key to uncovering all relevant evidence and building the strongest discrimination case possible.

Recovering Damages in Pregnancy Discrimination Cases

Compensation available in successful pregnancy discrimination cases may cover:

  • Lost Wages: Back pay, front pay, and lost benefits.
  • Emotional Distress: For pain, anxiety, harm to professional reputation, and more.
  • Punitive Damages: Fines punishing egregious misconduct.
  • Attorneys’ Fees: If you win, employers may have to pay your legal costs.

Experienced lawyers will fight for full and fair damages reflecting all tangible and intangible harms caused.

Take Action With Legal Guidance

If you believe you have faced pregnancy discrimination in a San Diego workplace, please call Hamparyan Law Firm at [PHONE NUMBER] or contact us online for a free consultation. Our compassionate attorneys will discuss your situation, answer questions, and help you understand the best path forward.With adept guidance from employment law attorneys intimately familiar with California pregnancy discrimination laws, we can investigate what happened, negotiate aggressively or build a compelling court case, and demand proper compensation for illegal mistreatment. Don’t wait to get help asserting your rights.

Frequently Asked Questions About Pregnancy Discrimination

What should I do if I’m being harassed at work because of my pregnancy?

If you are being harassed at work because of pregnancy, you should document all incidents of harassment in as much detail as possible, including dates, times, locations, names of perpetrators and witnesses, and exactly what was said or done. Report the harassment to HR and management in writing immediately and also speak to an employment attorney right away. The attorney can help you file a complaint internally and externally, negotiate with the employer, and build your case if needed. You have protections against retaliation for reporting pregnancy harassment under California law.

Can I be fired for taking time off for prenatal doctor appointments?

No, under the California Pregnancy Disability Leave Law, you cannot face adverse employment actions like termination for taking reasonable time off work for prenatal care. You must provide advance notice when possible, but pregnancy-related doctor appointments are considered a protected leave. If you are fired for attending prenatal medical visits, it likely constitutes illegal pregnancy discrimination.

Am I entitled to accommodations like light duty for pregnancy-related conditions?

Yes, under federal and California pregnancy discrimination laws, pregnant employees are entitled to reasonable accommodations if you have work limitations related to pregnancy, childbirth, or related medical conditions. This can mean providing things like light duty assignments, more frequent breaks, temporary transfers away from hazardous areas, or time off for medical needs. Employers must accommodate pregnancy-related conditions to the same extent as they would for employees with similar limitations for other reasons.

What evidence do I need to prove pregnancy discrimination?

Strong evidence is vital for pregnancy discrimination cases and can include documentation showing you were treated worse than comparable non-pregnant employees, comments or emails revealing discriminatory motives, temporal proximity between announcing your pregnancy and adverse actions, proof the employer deviated from policies when disciplining you, and testimony on discriminatory patterns. An attorney can help uncover all relevant evidence.

Can I recover emotional distress damages in a pregnancy discrimination lawsuit?

Yes, emotional distress damages are often a key component of compensation in successful pregnancy discrimination cases. Financial recovery can reflect emotional suffering directly tied to unlawful treatment, such as humiliation, loss of self-esteem, developed anxiety or depression, harm to personal relationships, and other difficult impacts. Experienced lawyers account for these intangible damages during negotiations and litigation.

Are there strict deadlines for filing a pregnancy discrimination claim?

Yes, you must act promptly because short deadlines apply for beginning the pregnancy discrimination complaint process. In California, you need to file an administrative complaint with the Department of Fair Employment and Housing within three years. Federally, a charge must be filed with the EEOC within 180 days or 300 days if the complaint is dual-filed with the DFEH. An attorney will advise you of all critical cut-offs dates and ensure deadlines are met.

Does pregnancy discrimination violate both federal and state law?

Yes, pregnancy discrimination is illegal under both federal law (the Pregnancy Discrimination Act) and California state law (Fair Employment and Housing Act). Multiple other California laws also prohibit pregnancy-related employment discrimination. By violating overlapping federal and state laws, employers committing pregnancy discrimination often face weighty penalties and financial consequences.

Can I still have a case if I signed a severance agreement with my employer?

Potentially yes, it depends on the language and scope of the severance agreement. If the agreement did not validly waive your right to file pregnancy discrimination charges or a lawsuit, claims may still be viable. An attorney can evaluate your severance agreement to advise if you can proceed legally against unlawful discrimination despite signing.

Will filing a complaint with HR protect me from retaliation?California law prohibits employers from retaliating against workers who file internal complaints about discrimination. However, retaliation still improperly occurs sometimes. Keeping detailed records, moving quickly to also file external DFEH/EEOC complaints, and speaking to a lawyer helps strengthen protections against any retaliatory actions for reporting discrimination internally.

How long do pregnancy discrimination cases typically take to resolve?

Every pregnancy discrimination case is different, but most resolve in 1-2 years through either settlement negotiations or the conclusion of litigation. The timeline depends on factors like how quickly evidence can be gathered, the responsiveness of the employer, court scheduling if a lawsuit is filed, and the complexity of legal issues. An attorney will discuss expected timeframes in your specific situation.

Have You Faced Any Form of Pregnancy Discrimination? Call Our San Diego Pregnancy Discrimination Lawyer Today At Hamparyan Law Firm

If you believe you have faced pregnancy discrimination in the workplace, the experienced attorneys at Hamparyan Law Firm can help. We have a proven track record of success in investigating pregnancy bias claims and fighting for the rights of victims under state and federal law. Our lawyers will conduct a thorough case review, aggressively pursue settlement negotiations or build a strong case for trial, and demand proper compensation for illegal discrimination. Don’t wait to get experienced legal help asserting your rights. Call Hamparyan Law Firm today at (619) 550-1355 for a free consultation with a dedicated San Diego pregnancy discrimination attorney. With compassionate guidance and tenacious advocacy, we can help you seek justice.


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